Legal Opinion

Martin v. Wilbert

Court of Appeals of Washington

Decided May 31, 2011No. 64231-6-IPublishedCited by 9 opinions

1Opinion of the CourtLau, J.

¶1 A superior court’s order closing an estate is a final judgment that precludes a litigant from bringing claims in a collateral action that could have been brought in the probate proceeding. We hold res judicata bars David L. Martin’s claims against the estate of William Wilbert because he attempts to relitigate claims and issues that were previously litigated or might have been litigated in prior actions. The order granting the Wilbert estate’s summary judgment motion is affirmed.

FACTS

¶2 This is the seventh appeal relating to the administration of the estate of Jack DelGuzzi. See Martin v.…

2Cases cited23 opinions

  1. Loveridge v. Fred Meyer, Inc.Washington Supreme Court · 1995
  2. Sheikh v. ChoeWashington Supreme Court · 2006
  3. Aba Sheikh v. ChoeWashington Supreme Court · 2006
  4. Pederson v. PotterCourt of Appeals of Washington · 2000
  5. Ensley v. PitcherCourt of Appeals of Washington · 2009

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3Cited by9 opinions

  1. Berschauer Phillips Construction Co. v. Mutual of Enumclaw InsuranceCourt of Appeals of Washington · 2013
  2. State v. ArquetteCourt of Appeals of Washington · 2013
  3. Richert v. Tacoma Power UtilityCourt of Appeals of Washington · 2014
  4. Gabriel E. Gourde & Charbonneau D. Gourde v. Ann L. GannamCourt of Appeals of Washington · 2018
  5. Gerald Richert v. City Of TacomaCourt of Appeals of Washington · 2014

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